General terms and conditions of sale

The www.foamous.com website (hereinafter referred to as the “Site”) is published by Beyond Perfume, SAS with a capital of 20,000.00 euros, Le Village by CA, Rue Claude Daunesse, 06560 Valbonne Sophia-Antipolis, France and registered with the RCS de Grasse under number 841223233.

Access to the Site and any order are subject to these General Terms and Conditions of Sale. We recommend that you read them carefully.

The purpose of these General Terms and Conditions of Sale is to inform you, on the one hand, about the online sale and delivery of the products ordered on the Site and, on the other hand, about your rights and obligations in connection with the sale of these products. They apply, without restriction or reservation, to all sales of all products offered on the Site.

The Site is accessible via the Internet network, open to any user of this network. You are responsible for setting up the necessary IT resources to access the Site and for the costs of access.

The sale on the Site is reserved for physical users who are not traders, of legal age and who have the legal capacity to contract.

Article 1. The Products

You can, prior to any order, take note, on the Site, of the essential characteristics of the product or products you wish to order by clicking on the product. The total amount of purchases may not exceed 1000 euros including VAT (one thousand euros).

Article 2. The prices

The selling prices of the products on the site, indicated in euros and all taxes included, are those in force on the day of payment of your order.

They do not include shipping costs, invoiced in addition to the price of the products purchased but offered for any order over 25 € of purchase in France and over 60 € of purchase in other countries.

Article 3. The order

Your basket

Each item you wish to select must be added to your shopping cart. A summary of the selected products is displayed by clicking on “finish my order”, which you can check, modify, complete with a promotional code and validate by clicking on “validate my basket”.

The plus

The case

Products from the “Classic”, “Festive” and “Chupa Chups” collections are available in their individual cases.

My Account

All orders must be identified by a customer account.

When you place your first order, you are required to provide all the information necessary to create an account : title, surname, first name, full address, postal code, city, country, date of birth, email, password, a telephone number to be reached.

Delivery / Payment

You must enter and verify the billing and delivery address, your delivery method and your payment method.

As soon as payment has been validated, a detailed acknowledgement of receipt, an electronic ticket or an order confirmation is sent to your e‑mail address within 48 hours, which reminds you of the exact amount invoiced and the delivery terms of the order, which you can print. We recommend that you keep this information.

Article 4. Payment terms and conditions

Several payment methods are possible :

By Credit Card (Blue, Visa, Eurocard/Mastercard, American Express), except those issued from Argentina, Chile, South Korea, Croatia, Finland, Hong Kong, India, Japan, Kazakhstan, Macao, Malaysia, Norway, Peru, Philippines, Singapore, Sweden and Taiwan. The transaction will be carried out securely through Crédit Agricole’s payment service : CAPS (https://www.credit-agricole.com/marques-et-metiers/toutes-nos-marques/credit-agricole-payment-services). All data entered during payment by credit card are immediately encrypted using SSL protocol and recorded on the Crédit Agricole server. No confidential payment data is stored by Beyond Perfume.

By Pay Pal : the Customer with a PayPal account between his email address linked to his PayPal account and his PayPal password. The transaction will be carried out securely through Crédit Agricole’s payment service : CAPS (https://www.credit-agricole.com/marques-et-metiers/toutes-nos-marques/credit-agricole-payment-services). All data entered during payment by credit card are immediately encrypted using SSL protocol and recorded on the Crédit Agricole server. No confidential payment data is stored by Beyond Perfume.In the case of a return of an item, the refund will be made in the form of a credit to the Paypal account used to pay for the original order.

Article 5. Fight against fraud.

In order to fight against identity theft and attempted credit card fraud on our website, we may contact you to obtain additional supporting documents necessary for the final validation of your order. The delay in transmitting the requested parts may delay the dispatch of the ordered products by the same amount.

In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and delete your personal data at any time by sending a written request, accompanied by a photocopy of your identity document, by post to : Beyond Perfume SAS, Le Village by CA, Rue Claude Daunesse, 06560 Valbonne Sophia-Antipolis, France.

In the absence of communication of the requested additional documents, we reserve the right to cancel the order if the verifications carried out reveal the supply of inaccurate or fraudulent data, such as those relating to the history of the customer account, the IP and/or the country from which the order is placed, or other elements specific to our algorithms. In accordance with the French Data Protection Act of 6 January 1978, you also have the right to access, rectify and delete your personal data held by Beyond Perfume SAS at any time by sending a written request, accompanied by a photocopy of your identity document, by post to : Beyond Perfume SAS, Le Village by CA, Rue Claude Daunesse, 06560 Valbonne Sophia-Antipolis, France.

These deadlines run from the business day following receipt of payment.
For delivery by Colissimo, the recipient of the order is invited to sign the receipt given by his postman. In the event of absence, the recipient of the ordered product receives a notice from his postman asking the recipient to go to the nearest post office with an identity document valid for more than 6 months in order to collect the package and this, during a period of fifteen days.

On the day of receipt of your parcel, check the contents of the parcel and sign the delivery receipt with any reservations observed. Refuse any damaged parcels or notify our Customer Service and the postal service of the reservations as soon as possible, keeping proof of your writing.

Delivery is deemed to have been made as soon as the package is made available in person, in your mailbox or when it is picked up in your post office. You are therefore invited to follow the correct routing of your package via the parcel tracking service and inform the postal service and our Customer Service as soon as the above- mentioned delivery time is exceeded.

We cannot be held liable for the consequences of any event beyond our control, in particular cases of force majeure.

In the event that the delivery time is exceeded by more than 7 days, you have the possibility to request the cancellation of your order without any charge.

In accordance with articles L221-18& seq. of the French Consumer Code, you have a withdrawal period of 14 clear days from the receipt of your order or its availability to the third party of your choice.

Within this period, you must send us the return form or any other declaration, unambiguous, expressing your desire to withdraw (see the model of the standard withdrawal form at the bottom of the page), and return to us the products ordered in accordance with the article 7.3 below.

The right of withdrawal is excluded in all cases for products opened after delivery and which cannot be returned for reasons of hygiene or health protection.

The costs of returning the product and the inherent risks are at your expense.

7.2 Unavailability of products

In case of unavailability of a product during the order, a message informing you will be displayed instead of the field “ADDTOBASKET”.

After placing your order and in the event that it is impossible to deliver all or part of your order within the agreed deadline, you have the possibility to cancel your order under the conditions provided for in articles L216‑2 and following of the Consumer Code, and we will proceed to your refund.

7.3 Return of products

You are required to return the products without undue delay and at the latest within 14 days of notification of your decision to return the products to us.

Products may be returned at your expense to the address on the return form, in their original packaging, in perfect condition, unused and accompanied by all accessories and the return form on the back of the delivery form.

7.4 Repayment terms and conditions

Products are refunded at the latest within 14 days of the date on which we were informed of your decision to withdraw. For sales of goods, this repayment period is deferred until the day the goods are recovered or until you have provided proof of shipment of the goods, whichever comes first.

Article 8. Legal guarantees

In accordance with the law, Beyond Perfume SAS, whose registered office is located in Valbonne Sophia- Antipolis, Rue Claude Daunesse, remains the guarantor of the legal guarantee of conformity mentioned in Articles L217‑4 to L217-12 of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

8.1 Reminder of legislative texts

Legal guarantee of conformity :

Article L217‑4 of the Consumer Code : “The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. »

Article L217‑5 of the Consumer Code : “The good is in conformity with the contract :
1° If it is suitable for the use usually expected of a similar good and, if applicable :

if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or a model ;

if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling ;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L217-12 of the Consumer Code : “The action resulting from the lack of conformity shall be prescribed after two years from the delivery of the goods.”

Article L217-16 of the Consumer Code : “When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable asset covered by the guarantee, to repair it, any immobilization period of at least seven days shall be added to the duration of the guarantee that remained to run.

This period shall run from the date of the buyer’s request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention. »

Guarantee against hidden defects :

Article 1641 of the Civil Code : “The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »

Article 1648 of the French Civil Code : “An action resulting from fundamental defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642–1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of any apparent defects or lack of conformity. »

8.2 Implementation of legal guarantees

When acting in accordance with the legal guarantee of conformity, the consumer :

has a period of two years from the delivery of the property to act ;

may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211–9 of the Consumer Code ;

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

In the context of the application of this article relating to legal guarantees, we are responsible for the return costs.

Article 10. Retention of ownership

Beyond Perfume retains full and complete ownership of the products sold until the price has been fully collected, in principal, fees and taxes included.

Article 11. Intellectual property rights

This site and all its elements (trademarks, designs, logos, models, etc…) are the exclusive property of Beyond Perfume. Any total or partial reproduction is prohibited.

Article 12. Information Technology and Liberties

The Customer’s personal data collected and stored by Beyond Perfume in the context of any order have a single purpose of proper management of orders, deliveries and invoices.

Beyond Perfume reserves the right to use the data transmitted by the Customer for commercial purposes if the latter accepts it when registering his personal data by ticking the following boxes : “I wish to receive Foamous offers”. Otherwise, the Customer is deemed to waive it.

In accordance with the law N°78/17 of 6 January 1978 relating to data processing, files and freedoms, the Client has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the customer may either connect to the site and fill in the form under the heading Contacts, or send a letter to the customer service of Beyond Perfume.

Finally, it is specified that cookies may be installed on the Customer’s computer when using this website.

A cookie is only intended to record information relating to the Customer’s navigation and allows an easier reconnection to this site and avoids filling in certain elements previously requested.

Your Internet configuration allows you to refuse the registration of these cookies.

Article 13. Applicable texts, jurisdiction and mediation

This contract is subject to French law. Any dispute concerning the interpretation, execution or termination of the contract concluded between Beyond Perfume and the Client shall be the domicile of Beyond Perfume.

The client is informed of the possibility of using, in the event of a dispute, a conventional mediation procedure or any other alternative dispute resolution method.

Article 14. Modification of the general terms and conditions of sale

In view of possible changes in the regulations and the site, we reserve the right to modify these GTC at any time. The new T&Cs will be available online on the Foamous.com website and will only be applicable to sales made after the modification.

APPENDIX : SAMPLESTANDARDWITHDRAWALFORM

Attention : XXX

I hereby notify you of my withdrawal from the contract for the following order :